Obligation of result
A duty to deliver a specific, agreed outcome, not merely to make a best effort.
Definition
An obligation of result binds a party to achieve a defined outcome; failure to reach that outcome is a breach in itself, regardless of effort applied. This contrasts with an obligation of effort (inspanningsverplichting), under which the debtor owes diligent, professional conduct and is not liable merely because the hoped-for result is not attained. The distinction is decisive for breach and burden of proof: with a result obligation the creditor need only show the outcome is absent, while with an effort obligation it must prove a lack of due care.
Example
A contractor who agrees to build a watertight roof owes an obligation of result; a consultant advising on strategy typically owes only an obligation of effort.
Why this is a business risk
Misclassifying an obligation can undermine your entire claim. If a supplier describes their duty as mere effort when you expect a defined outcome, you may face an uphill proof battle when the result is missing. The risk is highest in IT and engineering contracts where deliverable quality is hard to measure without clear, documented acceptance criteria tied to the agreed outcome.
How to manage it
- Describe the deliverable with measurable criteria -- dimensions, performance thresholds, test pass rates -- so "result" has a concrete meaning.
- Include an acceptance-test clause that triggers formal acceptance only when the criteria are met, creating a clear record of pass or fail.
- Track milestones and deliverable statuses in one place so any failure to meet the agreed outcome is recorded with a date.
- Review the contract wording before signing to confirm the obligation type matches the commercial intent -- amend vague "best efforts" language when a result is genuinely required.
Legal references
Unless marked otherwise, references are to Dutch law (Burgerlijk Wetboek, the Dutch Civil Code); EU instruments such as the GDPR apply across the EU. This is general information, not legal advice. Other jurisdictions treat these concepts differently. Verify the current text and your situation with a qualified lawyer.
Frequently asked questions
Common questions about this term.